Robert Goulet Greeting Cards

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RGGC

RobertGouletGreetingCards.com

TERMS OF USE:

Welcome to RGGC.com, a website operated by RGGC.com, with subscription membership service for "Robert Goulet Greeting Cards" offered by RGGC.com. The following is a legal agreement between RGGC.com subsidiaries and affiliates (collectively "RGGC.com") and you. By accessing this site or by purchasing subscription membership service, you agree to be bound by these terms of use and conditions of sale.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.

PRIVACY POLICY:

We understand that confidentiality of communications is important to our customers and those requesting information about our products. As a general business practice, we hold these communications in strictest confidence. We do not sell our customers' email addresses or personal or business information to anyone for any reason whatsoever. If you send identifying information to us by email, we use that information only to provide you with our services and products, and to otherwise respond to your requests. Personal and/or business information imparted to us by our customers and website visitors is treated confidentially, and is not sold to third parties for any reason.

USE OF CONTENT:

You agree not to use or resell RGGC.com or the services it provides for any commercial purpose, including but not limited to sending unsolicited commercial messages. You agree not to use the e-card or messaging services provided by RGGC.com to send SPAM or to send messages to mailing lists for which you do not have the legal right to send or initiate the sending of such message to each recipient. In order to purchase products or services through RGGC.com, you agree that you are 18 years of age or older, or have the specific permission of a parent or legal guardian.

COPYRIGHT:

All content included on this site, such as e-cards, text, graphics, logos, icons, photos, products, audio clips, digital downloads, data compilations, and software, is the property of RGGC.com, or its content suppliers or licensors and is protected by United States and international copyright laws. The compilation of all the content on this site is the exclusive property of RGGC and is protected by U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another web site, or in any other way exploit any of the content, in whole or in part without the specific permission of RGGC.com. The RGGC Logo and all of the Material available on the Site are © 2011, RGGC & ROGO and all rights are reserved or used under license from other individuals or entities.

SUBSCRIPTION MEMBERSHIP:

To purchase membership or services, you will be required to create an account with RGGC.com. Any personal information you provide in connection with your account will be covered by our Privacy Policy.

When you purchase a subscription, your subscription will begin effective on the date payment is received and will continue for the period provided for the subscription you purchased. Annual subscriptions will terminate at 12:01 am on the calendar date one year and one day from the day the subscription was purchased. Subscriptions cover unlimited access to all e-cards in keeping with the Member Conduct rules in these terms. Annual subscriptions will be automatically renewed at the end of the subscription term unless you cancel your renewal during the current subscription period or you request a cancellation within thirty (30) days after your renewal date.

You are responsible for the accuracy of the information included in your account, including updating your information as necessary, maintaining the confidentiality of your password. All activity conducted in connection with your account will be your responsibility, as you are deemed to be in sole possession and control of the confidential password necessary to access your account. You must immediately notify RGGC.com of any unauthorized access or tampering of your account, or suspected breach of security.

You agree that any information you provide to RGGC.com is truthful and accurate, and complete including the name or identity of the sender of any e-card or other message, service or product. You agree not to use RGGC.com to upload, post, e-mail, send, or initiate the sending by e-card transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

Occasionally we offer an opportunity for customers to try our subscription services on a trial basis. To sign up for the trial, you must provide payment information. If you cancel during such trial period the payment information provided will not be billed. If you do not cancel during the trial period we will automatically charge your credit card the subscription fee. No refunds will be issued after the trial period.

SPAM:

You may not use this Site to send online greeting cards to mailing lists to which you do not have full rights or to send unsolicited bulk or commercial messages. In addition, the use of automated scripting-type programs that automate the process of sending or viewing any of the Materials is strictly prohibited. RGGC reserves the right to limit, in its sole discretion and without prior notice to you, the number of cards or messages that you may send using the Site and/or the number of recipients to which you send such cards or messages. You are solely responsible for your actions and communications undertaken or transmitted using this Site. Neither we nor our affiliates exercise editorial control over your transmissions; however, we do reserve the right to review your uploads and transmissions in order to ensure compliance with these Terms.

ACCEPTABLE USE POLICY:

RGGC has adopted the following Acceptable Use Policy in order to assure that its electronic greetings are used in a lawful and appropriate manner. While RGGC does not ordinarily monitor the content of users' greetings, it reserves the right to investigate reports of misuse of its service and to protect its property and assets. The following conduct is prohibited on the service:

  • Sending harassing, abusive, or threatening messages;
  • Sending obscene or pornographic messages or images;
  • Sending defamatory or libelous messages;
  • Sending viruses or other harmful, disruptive, or destructive files;
  • Attempting to steal passwords or credit card information;
  • Sending messages in furtherance of unlawful, criminal, or fraudulent activity; or
  • Attempting to conceal or misrepresent the identity of the sender.
  • Violations of the RGGC Acceptable Use Policy will not be tolerated and RGGC may terminate member's subscription service and disable the sender's account without compensation or refund. RGGC RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING GREETINGS RECIPIENTS, THEIR COUNSEL, AND/OR LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDER NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY RGGC TO ADDRESS PAST VIOLATIONS OF THE ACCEPTABLE USE POLICY AND TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.

    LINKS AND ADVERTISEMENTS:

    RGGC may feature on its Site, in its newsletters, or in its e-mail communications to you links to third-party web sites. These may appear in the form of text links, advertisements, banners, buttons, integrated gift services, digital cash, digital gift certificates, or otherwise.

    THE GOODS AND SERVICES AVAILABLE THROUGH THESE LINKS ARE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH RGGC. RGGC MAKES NO REPRESENTATIONS AS TO THE QUALITY, FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY OF THE MERCHANDISE AVAILABLE OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY ADVERTISER. RGGC WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY RGGC ADVERTISER. USERS ARE ADVISED TO USE DISCRETION IN SELECTING COMPANIES TO DO BUSINESS WITH ONLINE.

    There may be circumstances where access to this Site is provided by a link located at another Web site. Neither RGGC nor its affiliates makes any representations or give any warranties with respect to any information contained in or at these other sites and neither RGGC nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither RGGC nor its affiliates endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to this Site.

    WARRANTY RESTRICTION - LIMITATION OF LIABILITY:

    THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT. RGGC IS NOT RESPONSIBLE FOR ANY FAILURE OF ELECTRONIC GREETINGS SENT THROUGH THE SERVICE TO REACH THEIR INTENDED RECIPIENTS OR TO REACH SUCH RECIPIENTS ON THE DATE SPECIFIED BY THE SENDER. THE MATERIALS AVAILABLE ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.

    NEITHER RGGC NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF RGGC.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT RGGC.COM AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT.

    NEITHER RGGC NOR ITS AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO HOLD HARMLESS RGGC AND ITS AFFILIATES AND PARTIES WITH WHOM RGGC HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.

    INTERNATIONAL USE:

    Neither RGGC nor its affiliates make any representation that Materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

    INDEMNIFICATION:

    You hereby indemnify, defend and hold harmless RGGC and its affiliates, and all officers, directors, owners, agents, content providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement. You shall cooperate as fully as reasonably required in defense of any such claim. RGGC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

    ENFORCEMENT BY RobertGouletGreetingCards.com:

    In the event RGGC determines, in its sole discretion, that you have violated these Terms, RGGC shall have the right to immediately terminate your account (with or without refund), refuse membership, or block the sending or receipt of greetings from our Site, and/or pursue any other remedies available to it under applicable law.

    DISPUTES AND JURISDICTION:

    In the event you violate these terms of use, in RGGC’s sole discretion, RGGC.com may at any time, terminate your account, suspend the delivery of or access to, services, refuse membership and/or terminate your membership or subscription, in addition to all other legal rights and remedies available to it.

    This agreement shall be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to any principles of conflicts of law. Any dispute relating in any way to your visit to RGGC.com or to membership purchase through RGGC.com shall be submitted to confidential arbitration in Las Vegas, Nevada, except that, to the extent you have in any manner violated or threatened to violate RGGC.com's intellectual property rights, RGGC.com may seek injunctive or other appropriate relief in any state or federal court in the state of Nevada, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise, and you agree that you will not participate as a class member or class representative in any action RGGC.com.

    UPDATES TO TERMS:

    RGGC shall have the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.

    INTELLECTUAL PROPERTY:

    RGGC respects the intellectual property of others. Any Infringement of copyright material on RGGC.com is strictly incidental and unintentional. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact RGGC.com

    THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING RGGC.com THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SUPPORT, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS) WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

    Please send an email to RGGC@RobertGoulet.com with "Address Request for Copyright Infringement" requesting where to send a written notification. We will respond by providing a physical address and to be effective, pursuant to Title 17, United States Code, Section 512(c)(3)(A), the Notification must be submitted in writing and must include the following:

  • An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;

  • A description of the copyrighted work that you claim has been infringed, and a description of the infringing activity including of where the material which you claim is infringing is located on the RGGC Site sufficient to allow us to locate the material;

  • AIdentification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published, your address, telephone number, and e-mail address;

  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  • A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.




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